Explain the impact of emergency on the civil liberties of the people.
Answers
Answer:
pExplain the impact of emergency on the civil liberties of the people.
Answer:
Effects on civil liberties for citizens : The government made extensive use of preventive detention. People were arrested on the apprehension that they may commit an offence. The government made large scale arrests during the Emergency. Arrested persons could not challenge their arrest through habeas corpus petitions. Even Supreme Court gave a judgment in favour of the government. Hence, civil liberties for citizens were curtailed.
(b) Impact on relationship between the Executive and Judiciary : A conflict between the Parliament and Judiciary had been going on over different constitutional issues, the constitutional interpretations and political ideologies were getting mixed up. People close to the Prime Minister wanted a judiciary and the bureaucracy ‘committed’ to the vision of the executive and the legislature. During emergency exactly this happened. The government made extensive use of preventive detention. Large scale arrests were made. Arrested workers could not challenge their arrest through habeas corpus petitions. Although some High Courts gave judgments allowing courts to entertain a writ of habeas corpus but the Supreme Court over-ruled the High Courts and accepted the government’s plea. This judgment was one of the most controversial judgments of the Supreme Court which had closed the doors of judiciary for.